Court No. - 45
Case :- APPLICATION U/S 482 No. - 46530 of 2018 Applicant :- Vishwanath Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Sudhanshu Pandey Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the entire proceedings of Case No. 3467 of 2016 (State Vs. Vishwanath) arising out of case Crime No. 0002 of 2016 under sections 452, 323, 504, 506 I.P.C. P.S. Ghughali District Maharajganj.
Learned counsel for the applicant submits that he has been falsely implicated by the police under the alleged sections.
In that view of the matter, he is permitted to move discharge application within three weeks from today through counsel before the trial Court and the trial court shall decide the same within a period of three months from the date of filing of applicant along with certified copy of this order.
Till the discharge application is decided, no coercive measures shall be taken against the applicant.
However, in case discharge application is rejected, the applicant is at liberty to appear and surrender before the Courts below within three weeks thereafter and apply for bail. His bail application shall be considered and decided in view of the settled law laid down by the Seven Judges' decision of this Court in the case of Amrawati and another Vs. State of U.P., reported in 2004 (57) ALR-290 as well as judgement passed by Hon'ble Apex Court reported in Lal Kamlendra Pratap Singh Vs. State of U.P., 2009 (3) ADJ 322 (SC) after hearing the Public Prosecutor in the aforesaid crime number for the aforesaid offences.
With the aforesaid direction,the application is disposed of.
Order Date :- 20.12.2018 Atul kr. sri.